MDL Plaintiffs Ask for Change in Notice of Diagnosis Forms

CLEVELAND - Lead counsel for plaintiffs in the federal multi-district welding fume litigation asked the court on Sept. 11 to amend a "Notice of Diagnosis" required of plaintiffs to remove the pre-filing requirement that a licensed physician has linked a neurological illness to exposure to welding fumes. In re Welding Fume Products Liability Litigation, No. 1:03-cv-17000 [MDL docket No. 1535] (N.D. Ohio).

The amended notice supported by plaintiffs' counsel would still include a statement that the plaintiff-patient suffers from a neurological disorder but instead of certifying that a link was made to welding fumes, will certify that an expert "will …